Regular Meeting of the Environmental Commission September 7, 2022 at 6:00 P.M. Permitting and Development Center, Events Center, Room 1405 6310 Wilhelmina Delco Drive Austin, Texas 78752 Some members of the Environmental Commission will be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live Public comment will be allowed in-person or remotely by telephone. Speakers may only register to speak on an item once either in-person or remotely and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required for remote participation. To register to speak remotely, call or email Kaela Champlin, Watershed Protection Department, at (512) 974-3443, Kaela.Champlin@austintexas.gov, no later than noon, (the day before the meeting). The following information is required: speaker name, item number(s) they wish to speak on, whether they are for/against/neutral, email address and telephone number (must be the same number that will be used to call into the meeting). CURRENT COMMISSIONERS: Haris Qureshi Rachel Scott Pam Thompson Melinda Schiera Audrey Barrett Bixler Colin Nickells Jennifer Bristol, Secretary Kevin Ramberg, Chair Ana Aguirre Richard Brimer Perry Bedford, Vice-Chair AGENDA CALL TO ORDER PUBLIC COMMUNICATION: GENERAL The first 10 speakers who register to speak no later than noon the day before the meeting will be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. APPROVAL OF MINUTES AND ACTION 1. Approval the minutes of the Environmental Commission Regular Meeting on August 17, 2022, and the Environmental Commission Special Called Meeting on August 31, 2022 (5 minutes) 1 PUBLIC HEARINGS 2. Name: Shoal Cycle, SP-2021-0350C Applicant: CJI Properties Inc. Location: 812 West 11th Street, Austin, Texas, 78701 Council District: District 9 Staff: Naomi Rotramel, City Arborist Ordinance: Heritage Tree Ordinance (LDC 25-8-641) Request: The applicant is seeking the removal of a Heritage tree with a single stem over 30 inches in diameter Staff Recommendation: The request meets City Arborist approval criteria set forth in LDC 25- 8-624(A)(2). Thus, the variance is recommended. (30 minutes) Name: BKO Parmer, SP-2021-0034D Applicant: Steve Jamison Location: 4801 East Yager, Austin, Texas 78754 Council District: None (Extraterritorial Jurisdiction) Staff: Tunde Daramola, Development Services Department Watershed: Harris Branch Watershed, Suburban, Desired Development Zone Request: Request to vary from LDC 25-8-342 to allow fill over 4 feet up to 12 feet Staff Recommendation: Recommended with conditions (30 minutes) DISCUSSION AND ACTION ITEMS 4. …
Amanda Swor direct dial: (512) 807-2904 swor@drennergroup.com Memo To: Re: SITE: Kevin Ramberg, Chair, City of Austin Environmental Commission, and Honorable Environmental Commissioners From: Amanda Swor, Director of Entitlements and Policy Date: August 31, 2022 Shoal Cycle Reasonable Use Memorandum The 0.4052-acre property located at 812 West 11th Street, in Austin, Travis County, Texas 78701 (collectively, the “Property”). SITE CONDITIONS: Currently, the Property is being operated as an office building with associated tuck-under and surface parking. REQUEST: There is one (1) heritage Live Oak tree with a single stem of 32’-0” in diameter. The tree is centrally located at the Property impeding the reasonable use of the Property. The request is for the removal of this 32-inch Live Oak tree to allow the redevelopment of the Property. See Exhibit A for the tree location and site constraints exhibits. 1 Amanda Swor direct dial: (512) 807-2904 swor@drennergroup.com The fair to poor condition of the 32” Live Oak tree (as determined by the consulting arborists and City of Austin Arborist), in addition to the central location of the 32’’ Live Oak tree combined with: (1) the diminished physical condition of the tree 2) the central location of the tree 3) size of the site; (2) geometry of the site; (3) setback constraints; (4) the unsuccessful and diligent attempt to relocate the due to the tree’s condition, lack of relocation destination, and utility issues; (5) EDI’s assessment stating the tree is a poor transplant candidate and (6) the advanced tree assessment prepared by Bartlett Tree Experts, we respectfully request the removal of the 32-inch Live Oak tree. EXHIBIT A: Site Constraints Exhibits 2 Amanda Swor direct dial: (512) 807-2904 swor@drennergroup.com CONSTRAINTS: The Property consists of approximately 0.4052 acres, or approximately 17,650.5 SF, is zoned DMU-CO (Downtown Mixed Use – Conditional Overlay) and is located in the Northwest Subdistrict of the Downtown Austin Plan. The Property is located in a portion of Downtown Austin that is ineligible for participation in the Downtown Density Bonus Program. The conditional overlay on the Property restricts the maximum height to 90 feet and requires administrative and business office land uses to be conditional above the ground floor of the Property to ensure a residential use is provided on the Property. Although unable to participate in the Downtown Density Bonus Program, upon the rezoning of the Property to DMU-CO per ordinance 20210826-091, a restrictive covenant was entered into between …
ITEM FOR ENVIRONMENTAL COMMISSION AGENDA COMMISSION MEETING DATE: NAME & NUMBER OF PROJECT: September 7, 2022 Shoal Cycle, SP-2021-0350C APPLICANT NAME: CJI Properties Inc. LOCATION: 812 West 11th Street, Austin, Texas, 78701 COUNCIL DISTRICT: District 9 STAFF: REQUEST: Naomi Rotramel, City Arborist, Development Services Department ORDINANCE: Heritage Tree Ordinance (LDC 25-8-641) The applicant is seeking the removal of a Heritage tree with a single stem over 30 inches in diameter. STAFF RECOMMENDATION: The request meets City Arborist approval criteria set forth in LDC 25-8-624(A)(2). The variance is recommended. Page 2 of 2 MEMORANDUM City of Austin Environmental Commission Naomi Rotramel, City Arborist Development Services Department September 7, 2022 SP-2021-0350C TO: FROM: DATE: CASE FOLDER: REQUEST: The applicant is requesting removal of a Heritage tree with a single stem over 30 inches in diameter. Project Description The property is located at 812 West 11th Street. The lot is 0.4052 acres and is zoned Downtown Mixed Use – Conditional Overlay (DMU-CO) Combing District. The property is located in the Northwest Subdistrict of the Downtown Austin Plan. The site is currently as office building with associated tuck-under and surface parking. The proposed use is for a 67- unit workforce multifamily project and 3,500 square feet of ground floor retail. The applicant requested a predevelopment site consultation with the City Arborist. There is one (1) Heritage Live Oak with a single stem of 32” diameter that is centrally located on the property. The 32” Heritage Live Oak (#287) is requested for removal. Tree Evaluation Tree 287 Live Oak Measurements The subject tree is one Heritage 32-inch Live Oak (#287) Canopy Conditions Asymmetric crown; thin canopy; chlorotic (likely due to nutrient deficiency); copious amount of epiphytic ball moss usually prevalent on declining trees; leans southwest due to existing location of existing building; overhead utility lines run through the canopy. Structure / Trunk Page 2 of 2 Trunk leans over the parking lot. Sonic tomography was conducted of the trunk indicating moderate decay at three different vertical planes with the tree – estimates 22-24% loss in structural integrity of the tree. Large decay pockets on upper side of two scaffolding limbs observed. Root System Buried root flare; approximately 95% of the critical root one is covered by impervious surfaces – concrete parking and existing office building. Overall Condition Fair condition; poor structure; moderate risk. Variance Request The variance request is to allow removal of a Heritage …
Shoal Cycle SP-2021-0350C September 7, 2022 Heritage Tree Variance Request NAME OF APPLICANT OR ORGANIZATION: CJI Properties Inc. LOCATION: 812 West 11th Street, Austin, Texas, 78701 COUNCIL DISTRICT: District 9 CITY ARBORIST: Naomi Rotramel (512) 974-9135, naomi.rotramel@austintexas.gov ORDINANCE: REQUEST: Heritage Tree Ordinance (LDC 25-8-641) The applicant is seeking the removal of a Heritage tree with a single stem over 30 inches in diameter. STAFF RECOMMENDATION: The request meets City Arborist approval criteria set forth in LDC 25-8-624(A)(2). The variance is recommended. Reasonable Use • Heritage Tree Code Criteria • Project Description • Zoning • Site Constraints • Tree Evaluation • Staff Recommendation Heritage Tree Code Criteria The variance request is to allow removal of a Heritage tree with a stem greater than 30 inches as allowed under LDC § 25-8-643 and § 25-8- 624(A)(2) Project Description • • • • • The subject property is located at 812 West 11th Street. The lot size is 0.4052 acres and is zoned Downtown Mixed Use – Conditional Overlay (DMU-CO) Combing District. The property is located in the Northwest Subdistrict of the Downtown Austin Plan. The site is currently being operated as an office building with associated tuck-under and surface parking. The proposed use is for a 67-unit workforce multifamily project and 3,500 square feet of ground floor retail. The applicant requested a predevelopment site consultation with the City Arborist. There is one (1) Heritage Live Oak with a single stem of 32” diameter that is centrally located on the property. The 32” Heritage pecan is requested for removal. Zoning • The subject property was rezoned from Limited Office (LO) to Downtown Mixed Use – Conditional Overlay (DMU-CO) Combining District in August 2021. Zoning Code Compliance • Per Ordinance 20210826-091, the Conditional Overlay requires the following conditions: – Maximum height of building/structure limited to 90 feet. – Administrative and business offices land uses is a conditional use above the ground floor of a building • Upon rezoning the property, additional requirement were agreed upon under restrictive covenant (2021199382) that include: – Streetscape improvements along West 11th Street to be consistent with COA Great Streets Standards – requires at least an 18ʹ-0ʺ setback along the street. Site Constraints: • • • The property is located in a portion of Downtown Austin that is ineligible for participation in the Downtown Density Bonus Program • Restrictive Covenant requires 18ʹ-0ʺ setback along West 11th Street to align …
BKO Parmer 4801 East Yager Lane SP-2021-0034D Tunde Daramola Environmental Review Specialist Senior Development Services Department OUTLINE 2 Property Data Synopsis Existing Conditions Variance Request Grading Exhibit Variance Exhibits Variance Recommendation and Conditions Property Data Harris Branch Creek Watershed Suburban Watershed Classification Desired Development Zone ETJ Not located over Edwards Aquifer Recharge Zone 3 North 83.75-acre site located at the southwest corner of the intersection of East Parmer lane and East Yager 4 Project proposes the construction of apartments, a hotel and a convenience store including water quality ponds, rain garden, wastewater and drainage improvements. Synopsis Lane. Elevation ranges from 584’ to 635’ 5 North Existing Conditions 6 Ground vegetation is typical grasses, prairie, Trees: elm, mesquite, hackberry Variance Request 7 To allow fill in excess of 4 feet and up to 12 feet within the Desired Development Zone. (LDC 25-8-342) Grading Exhibit (Cut and Fill) 8 Variance Recommendation and Conditions 9 Staff recommends the variance, having determined that the required findings of fact have been met. Staff also recommends and supports the following conditions in accordance to approved variance exhibits: • Preserve trees (not required in the ETJ) • Apply City of Austin Landscaping Ordinance (not required in the ETJ) • Increase tree inches on site/mitigation (not required in the ETJ). • Provide structural containment of fill with a retaining wall (552lf). 10 V a r I a n c e E x h i b i t s 11 THANK YOU References Google Earth GIS property profile Variance packet 12 Buffer averaging entails reducing on a part of the CWQZ and increasing elsewhere to provide a wider CWQZ somewhere else on the site. Expansion must be contiguous to the overall CWQZ and maintain a reasonable connection with the riparian and floodplain
ITEM FOR ENVIRONMENTAL COMMISSION AGENDA COMMISSION MEETING DATE: 9/7/2022 NAME & NUMBER OF PROJECT: NAME OF APPLICANT OR ORGANIZATION: BKO Parmer (SP-2021-0034D) BKO Parmer (Steve Jamison) LOCATION: 4801 East Yager, Austin, Texas 78754 COUNCIL DISTRICT: ETJ ENVIRONMENTAL REVIEW STAFF: Tunde Daramola, Environmental Review Specialist Senior, DSD, 512-974-6316, Babatunde.Daramola@austintexas.gov WATERSHED: REQUEST: STAFF RECOMMENDATION: STAFF CONDITIONS: Harris Branch Watershed, Suburban, Desired Development Zone Variance request is as follows: Request to vary from LDC 25-8-342 to allow fill over 4feet up to 12feet. Staff recommends this variance, having determined the findings of fact to have been met. Preserve trees/natural areas. Apply City of Austin Landscaping Ordinance on ETJ site. Provide structural containment of fill with a retaining wall. Development Services Department Staff Recommendations Concerning Required Findings Project Name: Ordinance Standard: Watershed Protection Ordinance Variance Request: BKO Parmer To allow for fill exceeding 4 feet up to 12 feet for building construction Include an explanation with each applicable finding of fact. A. Land Use Commission variance determinations from Chapter 25-8-41 of the City Code: 1. The requirement will deprive the applicant of a privilege available to owners of similarly situated property with approximately contemporaneous development subject to similar code requirements. Yes. The variance will not be providing a special privilege to the applicant. The proposed buildings are similar in size to similarly situated property. In order to facilitate this type of development levelling and additional fill is required for the buildings. Prior projects in this area had a similar situation. A prime example is Crossroad Logistics Center Additions, SP-2021-0169D. A Land Use Commission variance was granted to LDC 25-8-342 to allow fill up to 17 feet. 2. The variance: a) Is not necessitated by the scale, layout, construction method, or other design decision made by the applicant, unless the design decision provides greater overall environmental protection than is achievable without the variance; Yes. Existing site conditions necessitate additional “fill” for fulfilling the requirements of two fire lane/emergency access routes as well as structural bridge for spanning the CWQZ. b) Is the minimum deviation from the code requirement necessary to allow a reasonable use of the property; Yes. The site is being graded as efficiently as possible to provide the required access slopes and bridge heights to minimize the amount of variance required. c) Does not create a significant probability of harmful environmental consequences. The variance does not create a significant probability …
2022 Environmental Code Amendments Phase 1 Environmental Commission S e p t e m b e r 7 , 2 0 2 2 C I T Y O F A U S T I N W A T E R S H E D P R O T E C T I O N D E P A R T M E N T Objective • Respond to por tion of Resolution 20220609- 061 that requires staff to bring for th an ordinance amending Title 25 related to environmental protection. • Due September 15, 2022 • Key subject areas Stormwater Landscape • • • Water Resource Protection Colorado River Protections • Previously identified minor code amendments and other amendments that meet the • objectives of the resolution • Don’t Disincentivize Missing Middle C I T Y O F A U S T I N W A T E R S H E D P R O T E C T I O N D E P A R T M E N T 2 Progress So Far • I nterna l Wa ter shed Protection Dep t (WPD) technica l sta ff • I np ut from other d ep a r tm ents inc lud ing • Development Services Department • Austin Water • Austin Transportation • CoA Project Connect Office • Housing and Planning • Law • Env ironmenta l Com m is sion Workg roup 7/25/2022 • Env ironmenta l Com m is sion U p d a te 8/3/2022 • Cod es a nd Ord ina nces J oint Committee 8/18/2022 • Pla nning Commis sion B riefing 8/23/2022 C I T Y O F A U S T I N W A T E R S H E D P R O T E C T I O N D E P A R T M E N T 3 Next Steps • 9/7/2022 – Environmental Commission • 9/13/2022 – Planning Commission • 9/29/2022 – City Council Phase 2: Greenfield Detention Requirements and Urban Slope Protection September & October Commissions • • November City Council C I T Y O F A U S T I N W A T E R S H E D P R O T E C T I O N D E P A R T M E N T 4 Stormwater “ 1 . E s t a …
Draft – 9/1/22 C20-2022-005a ORDINANCE AMENDMENT REVIEW SHEET Amendment: C20-2022-005a, Land Development Code Amendments Description: Consider an ordinance regarding amendments to Title 25 related to environmental protection and landscape requirements. Proposed Language: Draft language is included as Attachment A. Summary of proposed code changes: A summary of the proposed code changes is included as Attachment B. Background: This ordinance responds to Council Resolution No. 20220609-061, which initiated Land Development Code amendments related to environmental, drainage, and landscape requirements. The resolution directed staff to present most of the initiated amendments to Council for consideration by September 15, 2022. The initiated code amendments and a summary of the staff proposal is provided below: 1. Establish criteria that prioritize when green stormwater methods should be required or incentivized over conventional stormwater controls; The proposed code amendments would require most sites to use green stormwater infrastructure, or GSI, to meet water quality treatment requirements. This amendment was previously proposed and reviewed as part of the Land Development Code (LDC) Revision. Under current code, many sites meet water quality treatment requirements by building a sedimentation/filtration pond. Sedimentation/filtration devices provide some water quality benefits by filtering polluted runoff and helping control stream-channel erosion, but they do not significantly address other important ancillary goals such as supporting on-site vegetation, increasing rainwater infiltration, and reducing potable water consumption. Requiring most sites to use GSI instead of conventional grey stormwater infrastructure will provide myriad benefits, including stormwater infiltration, soil health, wildlife habitat, urban heat island mitigation, water conservation, aesthetic value, and other ecosystem services. GSI also provides enhanced water quality benefits compared to sedimentation/filtration devices, including better removal of nutrients from stormwater and further reductions in erosive flows. The proposed code amendments would allow developments to choose from a variety of green stormwater controls, including biofiltration ponds, rain gardens, rainwater harvesting systems, porous pavement, and retention-irrigation systems (which can be built in conjunction with green roofs). All of these systems beneficially use rainwater to infiltrate and/or offset potable water. Staff also proposes to increase the beneficial use benefits of these controls over time through improvements to the design criteria in the Environmental Criteria Manual. 1 Draft – 9/1/22 C20-2022-005a The proposed code amendments provide some exceptions from the GSI requirement, allowing conventional controls to be used for sites with more than 90 percent impervious cover, regional ponds, difficult site conditions, and “hot-spot” land uses with highly contaminated runoff (e.g., …
1 ENVIRONMENTAL COMMISSION MOTION 20220907-002 Seconded by: Perry Bedford Date: Sept. 7, 2022 Subject: Shoal Cycle, SP-2021-0350C Motion by: Jennifer L. Bristol WHEREAS, the Environmental Commission recognizes the applicant is seeking the removal of a Heritage tree with a single stem over 30 inches in diameter and; WHEREAS, the Environmental Commission recognizes the request meets City Arborist approval criteria set forth in LDC 25-8-624(A)(2) and that staff recommends this variance; WHEREAS, the Environmental Commission recognizes mitigation for this site shall be addressed by planting two (2) Live Oaks at 5-inch caliper as street trees. These two trees are proposed to have adequate soil to ensure survivability and, when planted, will have a combined crown surface area that will rival the thinning canopy of the existing 32-inch Live Oak. In addition, the remaining inches owed will be paid to the Urban Forest Replenishment Fund for a total of $18,500. THEREFORE, the Environmental Commission recommends the variance request with the following Environmental Commission Conditions: 1. VOTE 10-1 For: Aguirre, Barrett Bixler, Bedford, Bristol, Brimer, Nickells, Schiera, Scott, Ramberg, and Qureshi. Against: Pam Thompson Abstain: None Recuse: None Absent: None Approved By: Include the 5-year tree care plan for the 5-inch trees being planted to replace the Heritage Tree. Kevin Ramberg, Environmental Commission Chair
1 ENVIRONMENTAL COMMISSION MOTION 20220907-003 Seconded by: Kevin Ramberg Date: Sept 7, 2022 Subject: BKO Parmer (SP-2021-0034D) Motion by: Jennifer Bristol WHEREAS, the Environmental Commission recognizes the applicant is requesting to vary from LDC 25-8-342 to allow fill over 4 feet up to 12 feet and; WHEREAS, the Environmental Commission recognizes the site is located in the Harris Branch Watershed, Suburban, Desired Development Zone and; WHEREAS, the Environmental Commission recognizes that Staff recommends this variance, having determined the findings of fact to have been met. THEREFORE, the Environmental Commission recommends the variance request with the following: Staff Conditions: • • • and the following Environmental Commission Conditions: 1. 2. Work with staff to facilitate walking trails in the critical water quality zones. Work with staff to protect the riparian area/wetlands with signage or additional methods to best protect the wetland critical environmental features (CEFs) on site. Preserve trees/natural areas. Apply City of Austin Landscaping Ordinance on ETJ site. Provide structural containment of fill with a retaining wall. VOTE 11-0 For: Aguirre, Barrett Bixler, Bedford, Bristol, Brimer, Nickells, Schiera, Scott, Ramberg, Thompson, and Qureshi. Against: None Abstain: None Recuse: None Absent: None Approved By: Kevin Ramberg, Environmental Commission Chair 2
1 ENVIRONMENTAL COMMISSION MOTION 20220907-004 Seconded by: Ana Aguirre Date: September 7, 2022 Subject: Ordinance regarding amendments to Title 25 related to environmental protection, landscape requirements, and site plan requirements Motion by: Kevin Ramberg RATIONALE: WHEREAS, the Environmental Commission recognizes all the hard work that staff has done on the proposed amendments to Title 25 related to environmental protection, landscape requirements, and site plan requirements, and WHEREAS, there are many elements in the proposed amendments that the Environmental Commission supports; however, the Commission needs additional time to review in detail the concerns about other elements of the proposed amendments. THEREFORE, the Environmental Commission recommends postponing consideration of the ordinance regarding amendments to Title 25 related to environmental protection, landscape requirements, and site plan requirements until the next regular Environmental Commission meeting on September 21, 2022. VOTE 8-2 For: Aguirre, Bedford, Brimer, Bristol, Ramberg, Qureshi, Scott, and Thompson Against: Schiera and Barrett Bixler Abstain: None Recuse: None Absent: Nickells Approved By: Kevin Ramberg, Environmental Commission Chair
ENVIRONMENTAL COMMISSION REGULAR MEETING MINUTES 7, September, 2022 The Environmental Commission convened in a regular meeting on 7, September, 2022 at 6310 Wilhelmina Delco Drive in Austin, Texas. Commissioners in Attendance: Ana Aguirre, Audrey Barrett Bixler, Jennifer Bristol, Rick Brimer, Colin Nickells, Melinda Schiera, Kevin Ramberg, and Haris Qureshi. Commissioners in Attendance Remotely: Perry Bedford, Rachel Scott, and Pam Thompson CALL TO ORDER Chair Ramberg called the Environmental Commission Meeting to order at 6:01 P.M. PUBLIC COMMUNICATION: GENERAL None APPROVAL OF MINUTES AND ACTION 1. Approval the minutes of the Environmental Commission Regular Meeting on August 17, 2022, and the Environmental Commission Special Called Meeting on August 31, 2022 (5 minutes) The minutes of the August 17, 2022 Environmental Commission Regular Meeting and the August 31, 2022 Environmental Commission Special Called Meeting were approved on Commissioner Bristol’s motion, Commissioner Thompson’s second on a 9-0 vote. Commissioner Nickells abstained. Commissioner Scott was off the dais. PUBLIC HEARINGS 2. Name: Shoal Cycle, SP-2021-0350C Applicant: CJI Properties Inc. Location: 812 West 11th Street, Austin, Texas, 78701 Council District: District 9 Staff: Naomi Rotramel, City Arborist Ordinance: Heritage Tree Ordinance (LDC 25-8-641) Request: The applicant is seeking the removal of a Heritage tree with a single stem over 30 inches in diameter Staff Recommendation: The request meets City Arborist approval criteria set forth in LDC 25-8-624(A)(2). Thus, the variance is recommended. (30 minutes) A motion to close the public hearing was approved on Chair Ramberg’s motion, Commissioner Brimer’s second on a 11-0 vote. 1 3. A motion to approve the requested variance with conditions was approved on Commissioner Bristol’s motion, Commissioner Bedford’s second on a 10-1 vote. Commission Thompson voted nay. Name: BKO Parmer, SP-2021-0034D Applicant: Steve Jamison Location: 4801 East Yager, Austin, Texas 78754 Council District: None (Extraterritorial Jurisdiction) Staff: Tunde Daramola, Development Services Department Watershed: Harris Branch Watershed, Suburban, Desired Development Zone Request: Request to vary from LDC 25-8-342 to allow fill over 4 feet up to 12 feet Staff Recommendation: Recommended with conditions (30 minutes) A motion to close the public hearing was approved on Commissioner Ramberg’s motion, Commissioner Qureshi’s second on an 11-0 vote. A motion to approve the proposed variance with conditions was approved on Commissioner Bristol’s motion, Commissioner Ramberg’s second on an 11-0 vote. Chair Ramberg recessed the meeting at 7:48 P.M. Chair Ramberg called the meeting back to order at 8:00 P.M. DISCUSSION AND ACTION ITEMS 4. …
